By Faiza Tariq ( November 15, 2024, 2:44 PM EST) -- In Stewart v. Bay of Quinte Mutual Insurance Co., 2024 ONCA 730, the Ontario Court of Appeal considered whether the trial judge made an error in concluding that the insurer had underpaid its policyholder for personal property damages arising out of a fire. The Court of Appeal upheld the trial judge’s finding that the insurer had waived strict compliance with a clause in the policy requiring the insured to provide a sworn “proof of loss” form. As a result, the Court of Appeal did not interfere with the trial judge’s assessment of the value of the insured’s claim....